WA4.10 Determining an Accredited Employer work visa (28/02/2024)

1. An immigration officer may grant an Accredited Employer work visa if they are satisfied that the applicant:
   1. meets the generic work visa requirements for applicants at W2.10.1; and
   2. holds an offer of employment that meets the requirements at W4.10.1 and
   3. is suitably qualified by training and experience to do the job they have been offered, as set out at WA4.10.5; and
   4. has not exceeded a maximum continuous stay period as set out at WA4.10.7 or WA4.10.10; and
   5. has a Job Check number (a number referring to a job that has been approved as part of a Job Check application) that has not been used to approve another Accredited Employer work visa application, unless that work visa has been varied to allow the visa holder to work for a different employer or the Job check number has been reused as set out at WA4.10.20.
2. If there is information that indicates the employer may no longer meet the requirements of their accreditation, an immigration officer may postpone making a decision on the application until the employer is determined to meet the requirements, or until the employer’s accreditation is revoked (WA2.55).
3. If the employer’s accreditation is suspended, an immigration officer may postpone making a decision on the application until the suspension ends.
4. If the employer’s accreditation expires or is revoked, an immigration officer may decline the application.
5. Applicants who hold a work visa with remuneration as a condition of that visa, may be required to provide evidence of their remuneration payment, such as an Inland Revenue income summary and bank statements.

WA4.10.1 Requirements for the employment offered

1. The offer of employment must be genuine and include the following information:
   1. name, address, telephone number of the employer; and
   2. name and address of the person to whom the job is offered; and
   3. a full job description including:
      • the job title or designation; and
      • the address of the place of employment if different from that in (i) above; and
      • the type of work, duties and responsibilities involved; and
      • details of pay and conditions of employment; and
      • the hours of work; and
      • the duration of the job; and
      • how long the job offer is open.
2. The offer of employment must be from an accredited employer (as defined at WA2.60.1).
3. The following details of the employment offered must be the same as those approved as part of the Job Check application:
   1. the location of the job; and
   2. the occupation; and
   3. the hours of work (the minimum guaranteed hours of work must not be less, and the maximum hours must not be more, than those approved as part of the Job Check application); and
   4. the remuneration (the remuneration must be within the range approved as part of the Job Check application unless an exception under WA4.10.3 below applies); and
   5. the direct employer (as defined at WA2.60.5).
4. All other terms and conditions of the employment offered (for example leave entitlements and notice periods) must be the same as, or more favourable to the applicant than, those provided as part of the Job Check application.
5. The employment must continue to meet all other requirements for acceptable employment as specified at WA3.15, including the remuneration thresholds in effect at the time the Accredited Employer work visa application is made.
6. INZ will decline an application for a work visa where it considers that the employment was offered as a result of payment made or promised by the applicant (or their agent) to the employer (or their agent) in exchange for securing that offer of employment.

WA4.10.3 When the remuneration in the job offer may differ from the remuneration approved in the Job Check

1. Despite WA4.10.1(c)(iv), an immigration officer may approve an application when the remuneration in the employment offered is not the same as the Job Check application if:
   1. the remuneration in the employment offered is less than the remuneration approved at Job Check stage and:
      • the role is an occupation listed in Appendix 14 in the meat processing or seafood processing (onshore) sector; and:
      • the Job Check was submitted or approved prior to 31 October 2022; and
      • the remuneration in the employment offered meets the sector agreement threshold and this was within the range advertised (WA3.15.1(a)); and
      • the employer has confirmed with INZ that they wish to use a place out of their allocation under the sector cap for the associated Job Check, and INZ is satisfied that the employer has sufficient places available to do so (WA3.15.1(b)); or
   2. the remuneration in the employment offered is more than the remuneration approved at Job Check stage and:
      • the Job Check application was approved before a median wage increase took effect in immigration instructions and the advertised range does not meet the new wage requirement; and
      • the pay rate offered is the same as the wage threshold in place on the date the work visa application is made.
2. Where (a) occurs, if the jobs are covered by a capped sector agreement and the employer indicates that some of the jobs should be considered under that agreement, a Job Check may include jobs with different minimum guaranteed remuneration.

WA4.10.5 Determining whether an applicant is suitably qualified to do the job they have been offered

1. An applicant is suitably qualified to do the job they have been offered if they have the qualifications, work experience, skills and other specifications that were listed by the employer, in the Job Check application, as the minimum requirements for the job.
2. If the employment offered is for an occupation that is on the Green List, an applicant is suitably qualified if:
   1. they meet (a) above; or
   2. they meet the current requirements on the list for that occupation (Appendix 13).
3. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (see E7.10(a)(ii)):
   1. (b) above applies to any application for a work visa made under the Accredited Employer work visa instructions that was submitted before 10 October 2022 and has not been decided before that date; and
   2. where an application for an Accredited Employer work visa was submitted before 18 October 2022 on the basis of an offer of employment as a chef, and the application has not been decided before that date, the applicant does not need to have a certificate at NZQF level 4 or higher that includes the credit and knowledge requirements of a New Zealand Certificate in Cookery (Level 4), or comparable overseas qualification.
4. Despite W2.10.1(b)(i), an immigration officer may accept that an applicant has the minimum qualifications, work experience, skills or other specifications required for the job, without the applicant providing evidence of those specifications, where:
   1. an immigration officer has already assessed and accepted them as part of a previous application; or
   2. the applicant holds evidence of full or provisional occupational registration for the job they have been offered, where the specifications were required to obtain that registration.

WA4.10.7 Maximum continuous stay and required time spent outside of New Zealand

1. An Accredited Employer work visa must be declined if:
   1. the role is paid at or above the median wage ($29.66) and the applicant has spent five years or more holding an Accredited Employer work visa without spending the required time outside New Zealand (as set out at (c) below); or
2. the role is paid below the median wage ($29.66) (this includes roles below the median wage as part of a sector agreement) and the applicant has spent the maximum continuous stay period set out in WA4.10.10 holding an Accredited Employer work visa without spending the required time outside New Zealand (as set out a (c) below).
3. Where an applicant is outside of New Zealand when the visa is granted, the maximum continuous stay period must be counted from the first date of entry to New Zealand after the grant of the visa, or
4. The required time outside New Zealand is:
   1. 12 consecutive months if no sector agreement applies, or
   2. the time specified in WA4.10.10 if the role is paid below the median wage ($29.66) (this includes roles paid below the median wage as part of a sector agreement).
5. A person who has spent the required time outside New Zealand can be granted a further Accredited Employer work visa for the duration allowed by WA4.15. Once they reach the maximum continuous stay period again, they must once again spend the required time outside of New Zealand.

Notes:
- The median wage rate of $29.66 for the Accredited Employer Work Visa and the maximum continuous stay reflects the June 2022 quarter publication of median wage data by Statistics New Zealand.
-The ‘required time spent outside of New Zealand’ is the duration a person is required to be outside of New Zealand to be eligible for a further Accredited Employer work visa. A person may remain in New Zealand and hold another type of visa (e.g a visitor visa or a Working Holiday visa) however this will not count towards the time spent outside of New Zealand.
- The maximum continuous stay period excludes any time spent on an interim visa between Accredited Employer work visas or any other temporary or work visa (i.e. a student or visitor visa, or Essential Skills work visa) (WA3.15(b)).

WA4.10.10 Maximum visa duration, maximum continuous stay periods and required time spent outside of New Zealand for applicants who are employed as part of a sector agreement or below the median wage

The table below sets out the maximum visa duration, associated maximum continuous stay period and the required period of time that must be spent outside of New Zealand that applies to applicants covered by a Sector Agreement or who are otherwise paid below the median wage (WA3.15(b)) as listed in Appendix 14.

Note:
- If a person is granted a visa based on employment below the median wage in an occupation listed under the Meat Processing and Seafood Processing (onshore) sectors for less than 7 months, that person is still required to spend 4 months outside New Zealand to be eligible for a further Accredited Employer work visa under the median wage (WA3.15(b)).

WA4.10.15 Minimum income requirement for dependent children of Accredited Employer work visa holders

See also Immigration Act 2009 s 49(1)(b)

1. Accredited Employer work visa holders who wish to support their dependent child's visitor or student visa application, must meet a minimum income threshold specified at V3.10.10 or U8.20. The visa holder's dependent child will be assessed against criteria set out in V3.10.10 or U8.20.
2. Parents holding Accredited Employer work visas may be liable for deportation if the dependent child's visa application is declined under these instructions and the dependent child becomes unlawful.
3. It will be a condition of the dependent child's visa and the parent/s visa(s) that the parent/s must maintain the minimum income threshold for the duration of their dependent child's visa. If the threshold is not maintained the parent/s and child may be liable for deportation.

Notes:
- Where both parents hold Accredited Employer work visas (or Accredited Employer and Essential Skills work visas), their incomes may be combined to meet the minimum income threshold.
- The minimum income threshold excludes employment-related allowances (for example tool or uniform allowances) and must be calculated on the basis of no more than 40 hours' work per week

WA4.10.20 Subsequent applications re-using a Job Check number

1. An application for an Accredited Employer work visa can be granted if it is made on the basis of a previously used Job Check number, provided the applicant holds an Accredited Employer work visa that:
   1. was made on the basis of that Job Check number; and
   2. was granted on or before 26 November 2023, and
   3. was granted based on either employment paid at or above the median wage (WA3.15(b)) in place at the time their current visa was applied for, or as part of the Care workforce sector agreement.
2. A subsequent Accredited Employer work visa may only be granted under these instructions if the offer of employment is made by an accredited employer and the following details of the employment offered in the current application are the same as the conditions of employment upon which the applicant’s current Accredited Employer work visa was based:
   1. the location of the job; and
   2. the occupation; and
   3. the remuneration (the remuneration must be no less than the remuneration offered at the time their current visa was granted); and
   4. the direct employer (as defined at WA2.60.5).

Effective 28/02/2024